DEVGIRI SYNTHETICS Vs. DAL CHAND

JUDGEMENT

(1.) The facts of the matter are as under:

(2.) The respondent-Workman Dal Chand filed a claim before the Labour Court, Bhilwara averring that he was employed with the petitioner-Company and his services were retrenched on 12/8/2010 without any notice to him. After issuance of notice by the Labour Court, the employer-Company put in appearance through its Director on 2/5/2011. Thereafter, an application was moved on behalf of the Company for permission to be represented through Advocate but the same was rejected and the Company was permitted to be represented through its representative only. The matter then proceeded further and an application on behalf of the claimant was filed with a prayer for direction to the Company for production of certain documents. The reply to that application was filed on behalf of the Company on 28/7/2011. On 28/7/2011, the matter was posted for claimant's evidence on 17/8/2011. On 17/8/2011, none was present on behalf of any of the parties neither any witness was present. Therefore, the matter was posted on 20/9/2011. On that date, two witnesses on behalf of claimant were present but none appeared on behalf of non-claimant-Company and therefore, the learned Labour Court ordered to proceed ex parte against the Company. On that date, affidavits of both the witnesses were taken on record and the matter was posted for final arguments on the next date i.e. 25/10/2011. On 25/10/2011, Counsel for the claimant sought time for arguments which was heard on the next date i.e. 1/11/2011 and on the very next day i.e. 2/11/2011 the impugned award was passed. Vide award dtd. 2/11/2011, the claim of the claimant was allowed and he was directed to be reinstated with 50% of the back wages.

(3.) On 17/10/2012, an application was preferred on behalf of the Company for setting aside the ex parte award and prayed for the matter to be heard on merits. The said application of the Company was rejected by the learned Labour Court vide order dtd. 5/5/2015 against which the present writ petition has been preferred.